Cary Police Operating Under-Age Buying Sting on NYE

The Raleigh News & Observer reports that police in Cary are making well-known their plans to operate a New Year’s Eve sting targeting people selling alcohol to underage customers. Called Operation Blackjack, the sting uses high school volunteers who team with police officers and test whether sellers of alcoholic beverages are checking the buyers’ identifications. Police conducted a similar operation last year and found three locations, out of 36 targets, who were selling alcohol to underage customers.

The article states that when alcohol is sold to an underage person, the penalty falls on the individual person selling the alcohol rather than the store. A person selling alcohol to an underage person is guilty of a Class 1 misdemeanor, which can result in jail time of up to 45 days. If there is no jail time imposed, the person must pay a $250 fine and perform 25 hours of community service, pursuant to G.S. 18B-302.1(a).

Although the individual person selling the alcohol is held liable criminally, the store selling the alcohol to an underage person can be held liable for civil damages in the event that another person is injured in a car accident involving that underage person under the Dram Shop Act. G.S. 18B-121 states that

An aggrieved party has a claim for relief for damages against a permittee or local Alcoholic Beverage Control Board if:

(1) The permittee or his agent or employee or the local board or its agent or employee negligently sold or furnished an alcoholic beverage to an underage person; and

(2) The consumption of the alcoholic beverage that was sold or furnished to an underage person caused or contributed to, in whole or in part, an underage driver’s being subject to an impairing substance within the meaning of G.S. 20-138.1 at the time of the injury; and

(3) The injury that resulted was proximately caused by the underage driver’s negligent operation of a vehicle while so impaired.

An “aggrieved party” is “a person who sustains an injury as a consequence of the actions of the underage person, but does not include the underage person or a person who aided or abetted in the sale or furnishing to the underage person.” (G.S. 18B-120(1)) An “injury” includes but is not limited to “personal injury, property loss, loss of means of support, or death. Damages for death shall be determined under the provisions of G.S. 28A-18-2(b). Nothing in G.S. 28A-18-2(a) or subdivision (1) of this section shall be interpreted to preclude recovery under this Article for loss of support or death on account of injury to or death of the underage person or a person who aided or abetted in the sale or furnishing to the underage person.” (G.S. 18B-120(2)) G.S. 18B-123 limits “[t]he total amount of damages that may be awarded to all aggrieved parties” to $500,000 per occurrence. And G.S. 18B-126 sets the statute of limitations at one year.

North Carolina courts have made clear that because the underage person is excluded from the definition of an aggrieved party, the personal representative of the underage person may not bring a claim for damages in the event of the death of the underage person. (Clark v. Inn West NC SCt. 1989) The Court reasoned that because G.S. 18B-120(1) excepts the “underage person” from the definition of aggrieved party, “had decedent lived, he could not have recovered for his injuries.” “The wrongful death statute provides for survivorship only of claims that could have been brought by the decedent had he lived.” The Court held that “[t]herefore, no claim survives his death, and his personal representative may not maintain an action under the Dram Shop Act.”

However, the court of appeals has held that the parents of an underage person can be included in the definition of an aggrieved party. (Storch v. Winn-Dixie Charlotte, Inc. 2002) The court of appeals reasoned that the definition for “injury” in G.S. 18B-120(2) specifically states that “[d]amages for death shall be determined under the provisions of G.S 28A-18-2(b).” “As applicable to the parent of the underage person, ‘injury’ would include funeral expenses of the underage person, G.S. § 28A-18-2(b)(3), as well as damages for loss of services, G.S. § 28A-18-2(b)(4)b, society, companionship, etc., G.S. § 28A-18-2(b)(4)c, and loss of support.” The court noted that this claim by the parents of an underaged decedent under the Dram Shop Act is distinct from the claim of a personal representative under the wrongful death statute.

In 1997, the court of appeals also examined the part of the definition of “aggrieved party” which excepts “a person who aided or abetted in the sale or furnishing to the underage person.” In Estate of Darby by Darby v. Monroe Oil Co., the decedent drove the underage driver to the store to purchase alcohol. The decedent did not contribute money but the other two passengers did. Later, all four occupants of the car died when the car ran off the road and crashed into a tree. The court held that the decedent who drove the underage driver to the store to purchase alcohol was not an “aggrieved party” because he “aided and abetted” the underage driver in the purchase of alcohol.

If you have been injured in a car accident, contact an attorney at Rosensteel Fleishman PLLC (704) 714-1450, to discuss your options.

I can not say enough about this law firm. They were very professional but had a way of making you feel like you were their only case. They worked so hard for us, kept us informed at all times and we are very pleased with the outcome. Cory was so helpful and straight to the point. Isaac is so professional, polite and works harder than anyone I know. He was always on top of everything and his knowledge on everything about our case was incredible! I highly recommend them and their services!

Kevin Hughes

00:14 31 May 18

I highly recommend this Firm. Cory and Issac were always extremely professional and frequently went above and beyond the call of duty. They worked diligently, always responded quickly and answered my unending questions with grace and patience. I wouldn't hesitate to reach out to them again if I needed legal advice/counsel.

anim reyna

15:01 29 Mar 18

Highly recommended!! I worked with both Corey and Mathew and they are both EXCELLENT attorneys! Delma and Issac the paralegals that work in the office are beyond great! I would recommend this law office to any of my family members, friends and even strangers! I brought two cases to them(one was on going for almost two years) and they worked it all out for me and I was very satisfied with the results and would return back to them

Marissa Jackson

15:27 16 Mar 18

I am grateful to have worked with Cory Rosensteel and his team, I personally worked with Isaac Barker. A great team that really helped me understand and answer any questions I had along he way. Very happy with the way the case settled thanks to them. Will definitely be recommending them to anyone looking for great team.

Adero Burbridge

14:55 29 Apr 18

Rosensteel Fleishman was recommended to us to help with an auto accident. Our attorney Matt Fleishman and his paralegal were very professional and patient when aiding my elderly parents with their situation. Throughout the process, they were always available and kept us abreast of what was happening with the case. I would and have recommended them to friends and family.

Kimberly Morrison

10:45 19 Jun 18

Corey Fleishman and his staff are fantastic. Calls, emails and any questions you have are returned promptly. Every aspect of my case was explained thoroughly to me. I highly recommend this law firm to anyone who has been in an accident. Luis was always patient and informative. Great job on mine and my children's settlement. I HOPE to never have to go thru this process again, but if I do....Rosensteel and Fleishman will get the first call.. Great job everyone!

David Glassman

02:06 17 Jul 18

Excellent communication and customer service. Cory was very easy to talk to each step of the way. Isaac was amazing to work with. He answered every question I had along the way as well. I would highly recommend this firm.

zohaib rizvi

17:00 23 Jul 18

I cannot recommend this law firm highly enough. I am very much satisfied with the way the case settled. Paralegal, Luis, had always kept me updated on my case and at every stage of my case, Mathew thoroughly explained the options and let me take the informed decision; and answered all my questions througout the case as well. Very happy with the settlement, Thanks to Matthew and team. Highly recommended law firm.

Amanda Krawiec

21:10 21 Aug 18

HIGHLY RECOMMEND! My husband was in a car totaling crash where he sustained neck & back injuries as well as a concussion that caused months of issues. The person who hit him did not have insurance. I can’t explain the hell we went through before we found Matt Fleishman and Issac Barker. It was a tricky situation and without their legal help and expertise we would have had even more headache(then he was already experiencing). They knew exactly what steps to take and handled all his dr bills as well as recommended great drs. Issac personally called just to check on us, some of those calls I spent crying to him as a wife seeing her husband suffer. Thankfully my husband recovered and we were able to get our case settled to our liking. If you want results, expert legal advice & kind people handling your troubles I would go here!!! Thank you so much for all the time you put into handling every piece of this horrible experience so we didn’t have to! I can firmly say they went above and beyond!

Shaquille Clary

19:43 09 Sep 18

I had an an amazing experience with the Fleishman group. Tiffany and Luis were excellent and very helpful with my experience. They upheld the highest professionalism at all times and made it a top priority that my case be handled expeditiously. My attorney Corey Rosensteel is an seasoned professional and will take care of your every need. I will use the same team in the future and I recommend them to anyone in need of attorney services. Thanks guys!!!

Nicole Loor

19:35 26 Sep 18

Highly recommend. Very professional and am very happy with everything they did for me!

K. L. Suess

00:28 09 Nov 18

HIGHLY RECOMMEND... Worked with Attorney Matthew Fleishman and Isaac Barker - both are professional, helpful and knowledgeable. Definitely feel they look out for the best interest of their client(s).